Terms of Service

01The agreement

These terms are a contract between you and AS9. They govern your use of our websites and applications, including SPEAR, ABLE, The Nines, Next9 and drift. By creating an account or using the service you accept them.

If you are accepting on behalf of an employer, you represent that you have authority to bind that organization, and the word you means the organization.

Employers who sign a separate written order form or master agreement with us are governed by that document first; these terms fill in whatever it does not address.

02Who may use the service

You must be at least eighteen years old and legally able to enter a contract.

You must give accurate information about yourself and keep it current. An account that misrepresents who you are, who you work for, or what you are permitted to do on someone's behalf may be closed without notice.

You are responsible for everything that happens under your credentials. Do not share them, and tell us promptly if you believe they have been used by someone else.

03What we provide

We provide software that helps employers understand their teams and find people, and helps professionals be found. What each product does is described in the product itself and may change as we improve it.

We do not guarantee that you will be hired, that a role will be filled, that a candidate will accept, or that any particular result will follow from using the service. We are an instrument, not an outcome.

We may change, suspend or discontinue any part of the service. If a change materially reduces what a paying client has bought, we will say so in advance.

04What the service is not

AS9 is not a consumer reporting agency, and nothing we provide is a consumer report or an investigative consumer report under the Fair Credit Reporting Act or any state analogue.

You may not use the service, or any information obtained from it, to establish eligibility for employment, credit, insurance, housing, or any other purpose covered by that statute, and you may not represent to anyone that our output is a background check.

We do not verify criminal history, credit history, identity documents, licensure, or education. If you need those things verified, engage a consumer reporting agency that is set up to do it lawfully.

05Rules for employers and their users

Access to professional profiles is the core of what employers buy, and it comes with obligations that are not optional.

• Use profile information only to evaluate and contact people for genuine open roles at your own organization.
• Do not resell, syndicate, republish, or transfer profile information to anyone outside your organization.
• Do not export or scrape profiles in bulk, and do not use automated means to extract data from the service.
• Do not use the service to discriminate on the basis of race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, genetic information, veteran status, or any other protected characteristic.
• Delete a person's information from your own systems when we tell you that person has asked to be removed.
• Keep what you see confidential and secure it at least as well as you secure your own confidential information.

We may audit use of the service where we have reasonable cause to believe these rules are being broken, and we may suspend access while we look.

06What you give us

You keep ownership of everything you submit: your profile, your documents, your notes, your organization's data.

You give us a license to host, store, reproduce, adapt and display that content for the purpose of operating the service and doing what you have asked it to do. The license is worldwide and royalty-free because servers and screens are, and it ends when you delete the content, except for backups that age out on their normal schedule.

You promise that what you submit is yours to submit and does not infringe anyone's rights or break any law or agreement you are under, including any confidentiality obligation to a current or former employer.

07Acceptable use

Do not do any of the following, and do not help anyone else do them.

• Break the law, or use the service to harass, defraud, defame or endanger anyone.
• Reverse engineer, decompile, or attempt to derive the source of the service, except where that restriction is unenforceable.
• Probe, scan, or test the security of the service without our written permission, or bypass any access control or rate limit.
• Interfere with the service's operation, overload it, or introduce malicious code.
• Copy the look, structure, or content of the service to build a competing product.
• Impersonate anyone, or misrepresent your affiliation with any person or organization.

08Fees and payment

Paid plans are billed in advance for the period stated at purchase and renew automatically for the same period unless cancelled before the renewal date.

Fees are non-refundable except where the law requires otherwise or where we have said so in writing. Cancelling stops the next renewal; it does not refund the current one.

Fees exclude taxes. You are responsible for any tax other than tax on our income.

If an invoice goes unpaid we may suspend access after giving notice and a reasonable chance to fix it.

Professionals do not pay to be on AS9. We do not charge people to be seen, to be ranked higher, or to be contacted.

09Our intellectual property

The service, its software, its design, and its content other than what you or another user submitted belong to AS9 and our licensors. Nothing here transfers any of it to you.

You get a limited, revocable, non-exclusive, non-transferable right to use the service while your account is in good standing. That is the whole of what you get.

Our names and logos are described on our trademarks page and may not be used without permission.

If you send us an idea or a suggestion, we may use it without owing you anything. Do not send us anything you want to keep.

10Third-party services

The service connects to systems we do not control, including data providers, applicant tracking systems, calendars and email. Your use of those is governed by their terms, not ours, and we are not responsible for what they do.

Links from our service to elsewhere are not endorsements.

11Ending it

You may close your account at any time, and doing so is not a negotiation. We do not require a phone call.

We may suspend or close an account that breaks these terms, that puts other users or the service at risk, or that we are required by law to close. Where the situation allows it, we tell you first and give you a chance to fix it.

When an account ends, the rights each side granted the other end with it, except that anything in these terms which by its nature should survive does: ownership, disclaimers, limits on liability, indemnities, and dispute resolution.

12Disclaimers

The service is provided as it is and as it is available. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the service will be uninterrupted, secure, or error-free, that defects will be corrected, or that any information in it is accurate or complete. Sourced professional information comes from third parties and we cannot promise it is right.

Some jurisdictions do not allow these exclusions, in which case they apply to you only as far as the law permits.

13Limits on liability

To the fullest extent the law allows, neither side is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, or lost business opportunity, even if warned that they were possible.

Our total liability arising out of or relating to the service is limited to the amount you paid us in the twelve months before the event that gave rise to the claim, or one hundred United States dollars if you paid us nothing.

These limits do not apply to a party's fraud, willful misconduct, or gross negligence, or to anything a limit is not permitted to cover.

14Indemnity

If you are using the service on behalf of an organization, that organization will defend and indemnify AS9 against claims arising from its use of the service, its breach of these terms, its violation of law, and its handling of information it obtained through the service.

We will tell you promptly about any such claim, let you control the defense of it, and cooperate reasonably at your expense.

15Governing law and disputes

These terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules.

Before filing anything, write to us and give us thirty days to resolve it. Most disputes end there and both sides are better off.

If we cannot resolve it, the state and federal courts located in Fulton County, Georgia have exclusive jurisdiction, and both sides consent to venue there.

Each side waives any right to a jury trial and to bring a claim as part of a class or representative action.

16General

These terms, together with any order form and our privacy policy, are the entire agreement between us and replace anything said before.

If a provision is unenforceable, it is narrowed to the minimum extent needed and the rest stays in force.

Our failure to enforce something is not a waiver of it.

You may not assign these terms without our consent. We may assign them to an affiliate or in connection with a merger or sale of the business.

Neither side is liable for a failure caused by something genuinely outside its control.

We may update these terms. Material changes are announced in the product or by email before they take effect, and continuing to use the service afterward means you accept them.

These terms are published in English, Spanish, French and Portuguese. If a translation and the English version disagree, the English version governs.

Notices to us go to legal@as9.io and to The Deco · 5211 Peachtree Blvd · Atlanta, Georgia 30341.